Disposed

Kiran Singh v. State of U.P. and 2 Others

Allahabad HC2 Feb 2021WRIC/2210/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging a recovery auction notice. It directed the petitioner to deposit the dues in five installments with the first payment due within specific timeframes. The bank was ordered to furnish a detailed account statement. Compliance with these directions would prevent further recovery charges, while default would revive proceedings.

What did the court decide?

Disposal of petition with directions to deposit dues in five installments; bank to provide detailed account statement; no recovery charge if conditions met.

Kiran Singh Vs State of U.P. and 2 Others — Banking and Recovery | Allahabad HC (2021)

¶1

Court No. - 39

¶2

Case :- WRIT - C No. - 2210 of 2021

¶3

Petitioner :- Kiran Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.

¶4

Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.

¶5

Heard learned counsel for the petitioner, learned Standing Counsel on behalf of respondent no.1 and Shri Rohit Yadav, learned counsel appearing on behalf of respondents no.2 & 3.

¶6

The instant petition has been filed seeking following reliefs :

¶7

"(i) Issue a writ, order or direction in the nature of certiorari quashing the recovery auction notice dated 28.12.2020 issued by the respondent no.3 to the petitioner in tune of Rs.3,25,000/-,

¶8

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to take the recovery amount in easy installment to the petitioner fixed by this Hon'ble Court."

¶9

Learned counsel for the petitioner submits that the petitioner is ready to pay the dues in easy instalments as shown in the recovery citation dated 28.12.2020.

¶10

Learned counsel appearing for the respondent nos. 2 & 3 fairly states that the respondent bank is interested in realizing the entire outstanding amount as such, if the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner.

¶11

On the facts and circumstances of the case and in the interest of justice, the writ petition is disposed of with the following directions :

¶12

(i) The petitioner shall deposit the entire amount due to the respondent bank concerned in five installments;

¶13

(ii) By way of first installment, the petitioner shall deposit Rs.1 lakh of the total amount on or before 04.03.2021;

¶14

(iii) On depositing Rs.1 lakh to the total amount, the respondent bank shall provide a statement of account to the petitioner within two weeks thereafter disclosing the

¶15

exact amount disbursed by the bank as loan; exact amount repaid by the petitioner together with dates of deposit; rate of interest and amount of interest charged by the bank;

¶16

(iv) The bank shall in the statement so supplied, itself calculate and indicate the amount of each installment together with the date of payment due;

¶17

(v) Thus, the balance amount so indicated by the bank shall be deposited by the petitioner through the remaining four equal quarterly installments;

¶18

(vi) If the entire amount is deposited by the petitioner as directed above, no recovery charge shall be realized from him,

¶19

(vii) In case of default of the conditions as mentioned above, the present order shall stand automatically vacated and recovery proceedings shall revive from that stage.

¶20

Order Date :- 2.2.2021 VR/

Kiran Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Kiran Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abhishek Kumar and Another Vs State of U.P. and 3 Others

Ranjeet Singh Vs Union of India and 2 Others

Gole Singh Vs Uttar Pradesh Power Corporation Ltd. and 3 Others

Nazim Vs State of U P and 3 Others

Devendra Kumar Vs State of U.P. and Others

Karan Singh Chauhan Vs Union of India Thru Secy. and 3 Others